HomeMy WebLinkAboutLate Handouts TRC September 16[Reference Name]
● [How they know Dr. Schooler / Kearns & West]
1. Why did your company/organization select this vendor?
a.
2. Did you find the deliverables provided from Kearns and West / Dr. Schooler helpful
in achieving your overall goals?
a.
3. How does the vendor respond to complaints? Are issues promptly addressed?
a.
4. What are the things you like least about the service?
a.
5. Knowing what you know now, would you contract with Kearns and West / Dr.
Schooler again?
a.
6. If so, any question(s) you would want answered beforehand? If not, please explain
why.
a.
Wangui Gathua, Ad Hoc TRC Commission
Prepared for the Meeting on
9/16/2021
Summary of my interview (9/15/21) with
Kearns & West Reference, Ray Baray | Chief of Staff
International City/County
Management Association
777 N. Capitol Street, NE
Washington, DC 20002
(202) 962-3592 Ofc.
rbaray@icma.org
www.icma.org
Questions forwarded by City staff were used to guide the interview.
The conversation with Mr. Ray Baray lasted 45 minutes.
Mr. Bray explained that he worked with Dr. Larry Schooler - https://kearnswest.com/kearns-
west-welcomes-larry-schooler-as-a-director-in-austin-tx/ - Director/Facilitator at Kearns and
West .
Mr. Baray explained before hiring Kearns and West they had searched nationally for a facilitator
to fit their needs. They were looking to for a facilitator to help them as a fairly new leadership
team to prioritize their activities in order to work with the executive Board in the City of Austin,
Texas. They also needed a facilitator to help them with team building.
They found a match for their needs and a facilitator in Dr. Schooler of Kearns and West.
Dr. Schooler was good in drawing members out and he kept things moving which was needed.
He was available when most people were not available during the pandemic.
He understood the scope of their work.
He was good at outlining the scope of their work.
When they explained their needs, he understood them.
He has a good understanding of local government workings.
He asked good assessment questions.
He pointed out any concerns that he became aware of.
Mr. Baray’s Team were comfortable with Dr. Schooler.
For now they are not working with Dr. Schooler because he explained he cannot facilitate a a 2
day team building activity in person because of covid-19 since he has 2 little children.
Mr. Baray recommended Kearns and West without any reservation.
Mr. Baray has been following Iowa City AD Hoc TRC work
Summary by Wangui Gathua, Commissioner, TRC.
CONSULTANT AGREEMENT
THIS AGREEMENT, made and entered into this _15th__________ day of __September_,
2021_______, by and between the City of Iowa City, a municipal corporation, hereinafter referred
to as the City and ___Kearns & West__________, of _____________________, hereinafter
referred to as the Consultant.
WHEREAS, The City of Iowa City’s seeks to enter into an agreement with the consultant to
provide professional facilitator, and independent consultant services.
NOW THEREFORE, it is agreed by and between the parties hereto that the City does now
contract with the Consultant to provide services as set forth herein.
I. SCOPE OF SERVICES
Consultant agrees to perform the following services for the City, and to do so in a timely and
satisfactory manner.
A. Task 1: Convening and Understanding
1. Activities:
a) Task Force meeting kickoff - virtual 90-minute meeting hosted by the City.
b) Background research
c) Develop strategy, agenda and materials for Task Force kick off meeting
d) Kick-off meeting with City of Iowa City staff team, TRC Chair and Vice-Chair
e) 1-on-1 interviews with TRC members, selected City staff/Council members
f) Develop overall workplan and meeting schedule
g) Weekly virtual coordination with City staff team
2. Deliverables:
a) Kick-off meeting agenda and presentation materials
b) Kick-off meeting coordination and facilitation
c) Draft and final kick-off meeting summary and action items
d) Online survey - beta test and final
B. Task 2: Design of Fact-Finding/Truth-Telling/Reconciliation Process
1. Activities:
a) Conduct interviews via phone, video conference, and email/electronic survey with
community organizations to determine best way to engage their respective
communities
b) Report on findings to TRC
c) Draft process design for public events and receive TRC/Staff feedback
d) Revise and finalize process
e) Draft discussion/interview guide and training for Conversation Corps and
incorporate TRC/City feedback
f) Draft agenda/process for public fact-finding/truth-telling/reconciliation events and
incorporate TRC/City feedback
g) Draft content for online portal to assist with fact-finding/truth telling and
incorporate TRC/City feedback
h) Prepare/assist with content for traditional media release, social media, newsletter
content, and other means of outreach
- 2 -
i) Prepare/assist with infographic/poster/flier depicting TRC public process, along
with content for possible public service announcement broadcast on radio/TV
j) TRC/Iowa City staff will provide feedback on consultant team deliverables within
one week of receipt; TRC will determine whether full TRC should review material
or whether Chair/Vice-Chair can represent their views.
k) TRC / Iowa City staff to review and approve contacts before Kearns & West
Team conducts outreach.
l) Iowa City staff will assist with logistics, distribution to media/social media, and
other agreed-upon tasks to carry out consultant team’s work. TRC members will
assist as able with outreach.
C. Task 3: Fact-Finding + Truth-Telling Public Process
2. Activities:
a) Assist TRC and City staff in coordinating logistics for in-person events
b) Train Conversation Corps
c) Prepare public-facing materials to assist attendees with participation
d) Facilitate and/or help TRC members facilitate public events, including help with
developing script for events, questions for witnesses, etc.
e) Analyze results of public events (testimonies, comments, etc.) and provide
reports
f) TRC will determine appropriate roles for TRC members, Kearns & West Team,
City staff/personnel at in-person events
g) Iowa City staff will assist at events with agreed-upon tasks to assist in carrying
out work. TRC members will assist as able with outreach
D. Task 4: TRC Meetings
1. Activities:
a) Develop meeting strategy, proposed and annotated agendas, and
presentation/meeting materials
b) Facilitate process to identify, recruit, and empanel members
c) Coordinate and facilitate project team meetings and individual coordination
meetings to prepare for TRC meetings
d) Coordinate and facilitate TRC meetings
e) Facilitate necessary training for all TRC members of decision-making processes,
city bureaucracy, city support systems, etc.
f) Facilitation of Subcommittees as requested
g) Reporting to the Mayor and City Council
h) Follow up with City staff team and TRC members as needed
i) Develop meeting summaries and action items
j) Support TRC communication needs
k) Follow-up to provide information
l) Prepare any recommendations in subcommittee-specific areas that have been
approved by full TRC
m) Kearns & West Team to provide draft materials within agreed upon review
timeframes for distribution by the TRC/City one week prior to Task Force
meetings
n) Kearns & West Team to participate with the TRC/City in up to 2 planning
meetings with City staff team per TRC meeting
- 3 -
o) Kearns & West Team to participate in up to 2 individual coordination meetings
with key City departments per TRC meeting (if needed)
p) Kearns & West Team to facilitate up to 15 TRC meetings up to 3 hours each,
twice a month, and follow a regularly set meeting schedule beginning in
September 2021 through May 2022
q) Kearns & West Team to develop meeting summaries following each TRC
meeting for review
r) City of Iowa City to distribute TRC meeting information, agendas, and materials
to TRC members
s) City of Iowa City to manage all media and public inquiries
t) City of Iowa City to schedule and serve as the virtual host for Task Force
meetings
u) Assume 2 review rounds per deliverable (draft and final for distribution by City to
Task Force; refinements for final version from Task Force input)
i. Deliverables:
v) Draft and final annotated and proposed agendas and presentation materials
w) Meeting coordination and facilitation
x) Draft and final meeting summaries and action items
E. Task 5: Report Compilation
1. Activities:
a) Continued facilitation of Subcommittees’ work and facilitation of TRC meetings
b) Begin discussion of initial recommendations in specific areas of review
c) Formulate subcommittee recommendations for review by TRC
d) Facilitate TRC deliberations on subcommittee recommendations, discover TRC
consensus around proposals
e) Compile information from TRC meeting summaries
f) Draft report, assume up to 1 review
2. Deliverables:
a) Draft and final report
Task 6: Project Administration
1. Activities:
a) Update project work plan as needed
b) Manage budget and schedule
c) Assumes monthly reporting on budget and progress
2. Deliverables:
a) Updated workplan, budget, and schedule, as needed
b) Assumes monthly reporting on budget and progress
- 4 -
II. TIME OF COMPLETION
The Consultant shall complete the following phases of the Project in accordance with the
schedule shown.
A. Task 1: Convening and Understanding
Must be completed by November 31st,2021
B. Task 2: Design of Fact-Finding/Truth-Telling/Reconciliation Process
Must be completed by December 31st, 2021
C. Task 3: Fact-Finding + Truth-Telling Public Process
Must be completed by February 28th, 2022
D. Task 4: TRC Meetings
Must be completed by June 30th, 2022
E. Task 5: Report Compilation
Must be completed by June 30th, 2022
III. COMPENSATION FOR SERVICES
A. Task 1: Convening and Understanding
$35,967.50
B. Task 2: Design of Fact-Finding/Truth-Telling/Reconciliation Process
$27,570.00
C. Task 3: Fact-Finding + Truth-Telling Public Process
$28,060.00
D. Task 4: TRC Meetings
$68,412.50
E. Task 5: Report Compilation
$15,050.00
F. Other Direct Costs
$10,000.00
G. Travel Total for All Tasks
$12,847.00
The Total Contract Lump Sum is One Hundred Ninety-Seven Thousand Nine Hundred and Seven
Dollars, $197,907.00. The total cost of services shall not exceed $197,907.00 including
reimbursable expenses. If the City requests additional services or provides direction to the
Consultant that exceeds the scope of work as documented in this contract, the Consultant will
document that request in writing and receive approval in writing from the Procurement
Coordinator before incurring any overage.
The Consultant will submit an electronic invoice on a monthly basis, based on each phase’s
percentage of completion.
IV General Terms
A. The Consultant shall not commit any of the following employment practices and
agrees to prohibit the following practices in any subcontracts.
- 5 -
1. To discharge or refuse to hire any individual because of their race,
color, religion, sex, national origin, disability, age, marital status, gender
identity, or sexual orientation.
2. To discriminate against any individual in terms, conditions, or
privileges of employment because of their race, color, religion, sex, national
origin, disability, age, marital status, gender identity, or sexual orientation.
B. Should the City terminate this Agreement, the Consultant shall be paid for all work
and services performed up to the time of termination. However, such sums shall
not be greater than the "lump sum" amount listed in Section III. The City may
terminate this Agreement upon seven (7) calendar days' written notice to the
Consultant.
C. This Agreement shall be binding upon the successors and assigns of the parties
hereto, provided that no assignment shall be without the written consent of all
Parties to said Agreement.
D. It is understood and agreed that the retention of the Consultant by the City for the
purpose of the Project shall be as an independent contractor and shall be
exclusive, but the Consultant shall have the right to employ such assistance as
may be required for the performance of the Project.
E. It is agreed by the City that all records and files pertaining to information needed by
the Consultant for the project shall be available by said City upon reasonable
request to the Consultant. The City agrees to furnish all reasonable assistance in
the use of these records and files.
F. It is further agreed that no Party to this Agreement shall perform contrary to any
state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa.
G. At the request of the City, the Consultant shall attend meetings of the City Council
relative to the work set forth in this Agreement. Any requests made by the City
shall be given with reasonable notice to the Consultant to assure attendance.
Attendance may be virtual if Consultant is not already in town for other work.
H. The Consultant agrees to furnish, upon termination of this Agreement and upon
demand by the City, copies of all basic notes and sketches, charts, computations,
and any other data prepared or obtained by the Consultant pursuant to this
Agreement without cost, and without restrictions or limitation as to the use relative
to specific projects covered under this Agreement. In such event, the Consultant
shall not be liable for the City's use of such documents on other projects.
Notwithstanding the foregoing, no materials (written, oral, or otherwise) collected
from members of the public (“participants”) will be released to the City unless the
participant has agreed to the release of the materials they submitted.
I. The Consultant agrees to furnish all reports, specifications, and drawings with the
seal of a licensed professional affixed thereto as required by Iowa law.
J. The City agrees to tender the Consultant all fees in a timely manner unless the City
provides, in writing, evidence of the Consultant’s failure to perform the work
satisfactorily in accordance with this Agreement. In that event, such failure
- 6 -
documented in writing shall constitute grounds for the City to withhold payment of
the amount sufficient to properly complete the Project in accordance with this
Agreement
K. Should any section of this Agreement be found invalid, it is agreed that the
remaining portion shall be deemed severable from the invalid portion and continue
in full force and effect.
L. Original contract drawings shall become the property of the City. The Consultant
shall be allowed to keep reproducible copies for the Consultant's own filing use.
M. Fees paid for securing approval of authorities having jurisdiction over the Project
will be paid by the City.
N. Upon signing this Agreement, Consultant acknowledges that Section 362.5 of the
Iowa Code prohibits a City officer or employee from having an interest in a contract
with the City, and certifies that no employee or officer of the City, which includes
members of the City Council and City boards and commissions, has an interest,
either direct or indirect, in this Agreement, that does not fall within the exceptions to
said statutory provision enumerated in Section 362.5.
O. Indemnification.
1. To the full extent permitted by law, Consultant agrees to defend,
indemnify, and hold harmless the City against any and all claims,
demands, suits, loss, expenses, including attorney’s fees, and for any
damages which may be asserted, claimed or recovered against or from
the City by reason of personal injury, including bodily injury or death, and
property damages, including loss of use thereof, caused by Consultant's
negligent acts, errors or omissions in performing the work and/or services
provided by Consultant to the City pursuant to the provisions of this
Agreement.
2. Consultant assumes full responsibility for any and all damage or injuries
which may result to any person or property by reason of Consultant's
negligent acts, errors or omissions in connection with the work and/or
services provided by Consultant to the City pursuant to this Agreement,
and agrees to pay the City for all damages caused to the City's premises
resulting from the negligent acts, errors or omissions of Consultant.
3. The Consultant’s obligation to indemnify the City shall not include the
obligation to indemnify, hold harmless, or defend the City against lability,
claims, damages, losses, or expenses, including attorney fees, to the
extent caused by or resulting from the negligent act, error, or omission of
the City.
4. For purposes of this paragraph, the term "Consultant" means and
includes the Consultant, its officers, agents, employees, sub-consultants,
and others for whom Consultant is legally liable, and the term “City”
means and includes the City of Iowa City, Iowa its Mayor, City Council
members, employees, and volunteers.
- 7 -
P. Insurance
1. The Consultant agrees at all times material to this Agreement to have and
maintain professional liability insurance covering the Consultant’s liability
for the Consultant’s negligent acts, errors and omissions in the sum of
$1,000,000 Per Claim, $1,000,000 Annual Aggregate, or a $1,000,000
Combined Single Limit. To the fullest extent permitted by applicable state
law, a Waiver of Subrogation Clause (endorsement) shall be added.
2. Consultant agrees to provide the City a certificate of
insurance evidencing that all coverages, limits and endorsements required
herein are maintained and in full force and effect, and certificates of
Insurance shall provide a minimum thirty (30) day endeavor to notify, when
available by Consultant’s insurer. If the Consultant receives a non-renewal
or cancellation notice from an insurance carrier affording coverage required
herein, or receives notice that coverage no longer complies with the
insurance requirements herein, Consultant agrees to notify the City within
five (5) business days with a copy of the non-renewal or cancellation
notice.
Q. Standard of Care.
1. The Consultant shall perform services for, and furnish deliverables to, the
City pertaining to the Project as set forth in this Agreement. The
Consultant shall possess a degree of learning, care and skill ordinarily
possessed by reputable professionals, practicing in this area under
similar circumstances The Consultant shall use reasonable diligence and
professional judgment in the exercise of skill and application of learning.
2. Consultant represents that the Services and all its components shall be
free of defects caused by negligence; shall be performed in a manner
consistent with the standard of care of other professional service
providers in a similar Industry and application; shall conform to the
requirements of this Agreement; and shall be sufficient and suitable for
the purposes expressed in this Agreement.
3. All provisions of this Agreement shall be reconciled in accordance with the
Model Standards of Conduct for Mediators and the Ethical Principles of the
Association for Conflict Resolution.
4. Consultant's obligations under this Section shall exist without regard to,
and shall not be construed to be waived by, the availability or
unavailability of any insurance, either of City or Consultant.
R. There are no other considerations or monies contingent upon or resulting from the
execution of this Agreement, it is the entire Agreement, and no other monies or
considerations have been solicited.
S. This Agreement shall be interpreted and enforced in accordance with the
laws of the State of Iowa. Any legal proceeding instituted with respect to this
Agreement shall be brought in a court of competent jurisdiction in Johnson County,
Iowa. The parties hereto hereby submit to personal jurisdiction therein and
- 8 -
irrevocably waive any objection as to venue therein, including any argument that
such proceeding has been brought in an inconvenient forum.
For the City For the Consultant
By: By: Kent Schwartz
Title: Title: Principal, CFO/COO
Date: Date: 9/15/2021
Approved by:
City Attorney's Office
Date